The State has been ordered to pay over $100,000 in compensation to a woman who was prosecuted for marijuana possession as a teenager.
High Court Judge Christopher Sieuchand upheld Shakira Bachan’s wrongful arrest, false imprisonment, and malicious prosecution case in July, but only assessed the appropriate compensation that should be paid to her late last week.
The lawsuit centred around an incident which occurred on August 9, 2017, when Bachan, of Wallerfield, Arima, was 15-years-old.
Bachan went to a tattoo parlour in Claxton Bay with her older female cousins.
When they arrived, the tattoo artist and a man, whom they met there, left to go to the supermarket.
Police arrived on the scene while they were waiting for the duo to return.
Bachan claimed that the officers verbally abused her and her cousins while searching the property.
Bachan and her cousin were arrested and charged with marijuana possession after the officers allegedly found a quantity of marijuana at the location.
Bachan and her cousins made several court appearances before the charge was dismissed by a magistrate due to the failure of the officer, who charged them, to attend successive hearings of their case.
In the lawsuit, Bachan’s lawyer, Amit Mahabir, contended that the officers did not have reasonable or probable cause to charge her and acted with malice in doing so.
Resolving the case, Justice Sieuchand ruled that there was no evidence that the marijuana was, in fact, found during the search.
He noted that the officers did not provide station diary extracts indicating details of the seizure or documents proving that the illegal drugs were taken to the Forensic Science Centre in St James for testing.
He also pointed out that the officers were acting on a warrant to apprehend the tattoo artist’s friend and not a warrant to search the premises.
While he found minor inconsistencies with Bachan’s evidence, he noted that the discrepancies may be due to her being subjected to the traumatic experience.
In determining the appropriate compensation, Justice Sieuchand ordered $80,000 in general damages and $15,000 in exemplary damages plus interest.
The State was also ordered to pay Bachan $20,000 in legal costs for pursuing the lawsuit.
The Office of the Attorney General was represented by Stefan Jaikaran and Tiffany Kissoon.